Wednesday, June 29, 2011

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  • NKR
    04-23 06:20 PM
    You can view my past posts in IV, I am not Desi employer but I may become very soon to employ myself (very close to get GC :-) )

    Anyway have you gone through yourself with same situation/tension as OP going through or do you know someone closely who have gone through? Have you dealt with attorney yourself?


    If that employer sue you, definitely you can counter sue for violation of wage related or h1b related rules and attorney will be the best person to advice you on that. make sure you go to an attorney who practice employement laws and have knowledge or have some other attorney in the same firm who deals in immi related matter. But question is, do you want to go through nightmare of law suites or you just want peace of mind.

    Your suggestion of talking to an attorney is well taken but not the advices. Thanks, good luck in your business




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  • ram_nara303
    11-17 03:44 PM
    Done for VA

    Senator Mark R. Warner (D-VA)
    Senator Jim Webb (D-VA)
    Representative Frank R. Wolf (R-VA 10th)




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  • vkjanam
    11-17 05:14 PM
    Done.




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  • sankap
    07-12 06:27 PM
    ...he may just approve even if you show the self employment will be in future (for future job requirement for GC), and he may agree for your "projected income".
    Suppose you're on the 3rd month of a 3-month contract on self-employment in same/similar occupation (a "permanent" job). Now, can't you say your "projected" annual income on self-employment, esp. if the project is *likely* to be extended for an unknown period? Another scenario: In a month you're *expected* to start working on a three-month project (@$60/hr). Can't you calculate your annual income ("projected," of course)?


    I think you have not read recent horror stories in H1B. They are just like that denying majority of H1B.
    Statistically speaking, there is always a high probability of H1B getting denied than for GC. Also, H-1B fraud (and now L1, EB1-GC "frauds"), esp. by desi IT bodyshoppers, is more prevalent (as noted by BusinessWeek) than GC fraud. In any case, just because a large number of H-B petitions are getting rejected, on *genuine* grounds, you can't assume the same proportion of GCs getting rejected.


    If the petitioner does not provide commitment/contract from end client for the entire duration of H1B period, H1B approval impossible. H1B is a temporary job; just think how much they will scrutinize for GC.
    H1B is a temporary job from USCIS perspective. Most of the time the employer is hiring an H-1B to fill a FT, "permanent" position. Why would that employer (e.g., an R&D or oil company) give the commitment for, say, just 3 (initial) years of contract? Most of the time, the employer has *intent* to keep the H-1B on that same job after GC.


    Those golden period are long gone. This is enforcement period as US unemployment rate is in double digit.
    Current recession/depression doesn't mean the USCIS/DOL flout their rules/laws (e.g., AC21)--it just means they need to follow the rules more strictly and reject any potential fraudulent cases. This enforcement is only going to increase as it takes more time for the economy to bottom out. Law-abiding H-1B and GC petitioners need not fear that.


    AC21 memo is a non-binding memo. Tomorrow they may release another memo or regulation that repeal the self employment in AC21 cases.
    If AC21 memo is non-binding, which immigartion law is binding? We can go with only current rules/laws; the rest is speculation.



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  • gccovet
    02-09 02:43 PM
    Thanks Akhil,

    Here are the details:

    Payment Sent (Unique Transaction ID #1E592259U64890231) $25

    Thanks.

    Thank you Chantu, good luck for job, I hope and pray you get it soon...

    11 contriburotrs so far.. total=353.00




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  • venkybr
    09-11 11:07 AM
    Anybody, whose application was received on July 11th, signed by K.LAWSON got the 485 receipts ?



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  • acecupid
    08-18 03:25 PM
    SunnySurya,

    I think you need to do a reality check on your leadership and mobilizing skills. The reason you cant find even 10 people who support your ideas should tell you something. You have to convince people who oppose your ideas in a logical way, so they see some sense in what you are trying to achieve. If you cannot convince people who oppose you with logical answers you wont find much support as a community from IV. I think people like eb3_nepa have every right to question your actions and intentions and if you cannot respond to healthy dialogue, dont expect people to support your cause. You have to give respect to gain respect.

    I personally support your cause about FIFO processing but you need to broaden it beyond EB2 to the entire EB community. It seems to me you have managed to gain such a notorious reputation that people are opposed to anything you have to say :) Its like a HR hiring manager saying to you, you are brilliant but you dont have the right attitude, so we dont need you.

    Good luck!




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  • gc_aspirant_prasad
    07-05 02:00 PM
    AILF is ready to take the cause up, then why not ? Fragmon & Rajiv Khanna are just two opinions. I think the Congresswoman who spoke out on this issue used to be an immigration lawyer prior to taking up public office & she mentions in her letters to DHS that this may be a potential violation of the law.



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  • franklin
    07-10 11:12 AM
    Check the USCIS Home page-

    http://www.uscis.gov

    Yes, you will notice that this has been posted in multiple threads yesterday as well as this website's home page




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  • makemygc
    05-23 08:20 AM
    Sent to all..keep sending email guys...dont get into argument right now.



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  • anjs
    07-20 08:16 AM
    Count me in.




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  • at0474
    03-26 10:46 AM
    EB3-India with PD 2003 and before - Most will be out by December 2008 -
    Perhaps 10% may still rot in NC further.
    EB3-India with PD JAN 2004 - DEC 2004 - Most will be out by August 2009
    Perhaps 20% may still rot in NC
    further.
    EB3-India with PD JAN 2005 - April 2005 - Most will be out by April 2010
    Perhaps 5% may still rot in NC
    further.
    EB3-India May 2005 Onwards - Can not predict - It is good to look for other
    options and that option certainly MUST not
    be switching to EB2


    --Sounds good coming from you BP! You seem to have played with past statistics of EB3/EB2 categories. One question though. When you say NC, do you mean Name Check? I thought that was not a hurdle to get GC anymore. Unless ofcourse they find out something deragatory in the background later on, they might repeal your GC etc., Correct me if I am wrong, why 10% in NC????



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  • eb3_nepa
    12-11 11:26 AM
    If Microsoft with all the money and power can't get visa increase, it's naive to assume that we can do that in one shot. Let's just fry the small fish first.

    Well said actually!

    From the past couple of years and efforts it is VERY clear that any kind of Quota Increase is a BIG no no with the Anti-immigrants. This now divides the IV users into 3 groups

    1) This group has already applied for the I-485 a Long time ago but has not seen their GC in the mail yet.
    2) This group has not been able to file for I-485 coz of retrogression.
    3) This group is stuck in Labour Certification stage and cant do anything about it.

    How about for starters if we try and alleviate the pain of people in groups 2 and 3, i.e. ask for people to be able to apply for stage 3 (and ead etc) without the PD mess. For the labour people we ask for a similar benefit. As for group one, well i know that you guys do not benefit under this, but consider this, you are already in a much better situation than the rest of 2 groups. I know you have to go for fingerprinting etc and renew the EAD every year, but consider this: People stuck in LC and stage 2 have to spend much more on renewing H1/H4s coz of lawyer fees. Maybe, if we reduced our demands to asking for 3 things

    a) Filing for stage 3 regardless of PD
    b) Relief for people in the LC mess
    c) Fingerprinting one person just Once (i mean fingerprints dont change do they?)

    This might go under the radar as no quota increase is being asked for. I know this point has been discussed ad-infinitum before and we concluded that no more band-aids for the immigration process, let us get a permanent solution. Well permanent solutions take their time, especially with a Much more powerful lobby opposing those changes. For all we know this permanent solution may NEVER go through. Lets face the facts here:

    1) The big corps are pushing ONLY for H1B increase.
    2) Anti-immigrants are opposed to ANY kind of increase in numbers.
    3) Currently the political climate is such that it is either, deal with legals AND illegals or nothing at all.
    4) Currently FAR bigger problems stand in front of the lawmakers such as the war, stem cell, abortion etc etc etc.
    5) Currently the average American is OPPOSED to even legal immigrants for fear of losing their jobs to them.

    In light of all this, does it make sense to go for a Comprehensive Permanent solution or does it make sense to ask for smaller tid-bits and treat the other costs we incur as "costs of doing business"? I mean atleast if the husband and wife Both have H1bs and jobs, you will still be making a ton of money. U use things like approved I-140s to switch jobs with 3 year extensions or u use the EADs. Let us seriously think about this solution.




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  • bkarnik
    05-03 01:07 PM
    Can some body point me to the full text of the bill if it is available. Also throw some light on sec 302.
    Does this relate to only H1-B premium processing or to all petetions including the adjustment of status?
    --MC
    MC:

    The language is clear. IT talks about premium processing to adjust status for EMPLOYMENT BASED IMMIGRANT petition...H1B premium processing is a done deal....



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  • ashshah
    12-16 03:55 PM
    Been in the US since 1998, have an EB-2 PD of 2001, have played by the rules all along. Still no GC... And, the dates are going back to 2000 from the new year.. I've lost hopes...

    I'm pretty close to getting clinical depression because of this game played by USCIS, Labor Dept, FBI and my own bad luck.

    SKILL bill, OMNIBUS, etc. comes and goes. IV does seem to be doing things to lobby for the community, but let's face one reality. Like a news article said, no one in congress or senate wants to touch immigration even with a long pole until 2009.

    The US has been very good to me (other than the GC part), more than my home country (India) which is why I'm still here.

    Have invested too much of time in this country to just pack up and go. Just curious if any of you feel this way? How do you handle such depressing feelings?



    Another recommendation is if possible do a landmark forum course. Its a 3 day course but definitely worth doing especially it may help to handle depression of any kind. Its based on a technology and not everyone gets the same benefits. But it does provide you good insights and everyone gets benefited in some way or the other.




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  • gc_maine2
    08-13 02:44 PM
    As per the discussion's from other threads about LUD, it's been largerly agreed that there is no relavance between the LUD change/not change to one's 485 application. Hopes this will clear your doubt.

    Hi all,
    any advice/suggestion in my case:

    EB3
    I-140 is approved on Jun 15, 2007, Premium processing, in Texas

    I485 package delivered to Nebraska on July 2, 11:35 am and is singed by ... whoever..

    I've registered on the https://egov.uscis.gov/cris/jsps/index.jsp
    site and all times before LUD for my I140 was 6/16/2007 until today
    Today LUD for is updated to 8/12/2007.

    Checks have not been cashed.

    Please anybody is in the same sutiation???



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  • Viktor
    07-20 12:01 AM
    I contributed $100 to IV just yesterday, I did not see this post before.

    I think its wrong to let someone bear the burden alone for something thats a shared objective.

    Count me in for the pledge




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  • lrindy
    08-09 10:35 AM
    Our I-140 was approved by TSC RN 08/16/06 approved 08/24/06 under regular processing, but we sent 485 package to NSC due to where we live. Received 07/05/07. I was told to call after 30 days, which I did yesterday. I was told a new memo had gone out 08/08/07 internally to each service center stating that all customers should be adviced that let 90 days pass before calling service centers to get receipt numbers. The backlog for data entry was so great that it will take that long before it is all cleared. If you have not received a RN by 90 days then please call back and your case will be dealt with then. He also adviced that as the 90 days approaches, if no RN has been sent to us then make appointment at field office for EAD etc. I did mention that there was no such memo on their website and processing dates showed 07/11/07 for 485. No answer to this. So we wait and see what happens. I can only tell you what I have been told. He did comment on countries with high volumes of visas, "they will be waiting for 10 years plus for actual GC's under the system we have in place right now." Things change everyday, so keep the faith!




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  • optimist578
    03-08 02:37 PM
    There are lot of people whodo investments,have kids and buy houses and everything else when they are on H1.
    I don't see any reason to hold off things on H1. If your wife did master's why don't get her on H1, there are so many job openings available in market.
    Instead of crying, take some action

    She has been trying for the past 5 years... She is not in IT. She would get past all the interview processes etc but when it comes to finalizing the papers with HR etc comes the final blow. "No visa sponsorships, Sorry !! "
    Seeing all her friends climb up the ladders.. doing well in different areas and you being left helpless is difficult to digest. She has been volunteering, working with different Societies, charity organizations. But keeping yourself busy is not just what she wants to do.
    ------------------------------------------------------
    My efforts:-
    A $50 monthly contributing member,
    Trying to meet a congressman now
    Convincing friends to join efforts.
    But haven't seen "anything" positive yet.




    raju123
    07-06 03:38 PM
    We need some powerful press release for this Gandhigiri


    Absolutely awesome. It's on the front page! Well done! Keep sending those flowers.




    rbharol
    10-25 10:38 PM
    Why SKULL bill ? As a high level manager I have learned after years of experience that you need to use good sense of humor, satirize when confronted with insanities and very stressful situations.

    I appreciate your effort to make us smile and relieve stress but when you repeateldly
    keep using the same stuff, people no longer find it humorous.
    You too must have realized it by now as people have started questioning why
    you are using this word repeatedly.

    It is like telling the same joke time and again and expect people to laugh everytime.



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